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(영문) 부산고등법원 2020.03.25 2019노529
살인미수등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not use the knife as indicated in the facts charged, and there was no intention to kill the victim. Nevertheless, the lower court rejected the Defendant’s aforementioned assertion and found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The Defendant with mental and physical disorder, at the time of the instant crime, should be mitigated on the ground that he was in a state of mental and physical disability by means

3) The lower court’s judgment dismissing the request for an attachment order on the ground that the Defendant’s dismissal of the attachment order is recognized as a risk of repeating the crime, etc., is unfair, since the sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2 The above-mentioned sentence sentenced by the court below is too uneasible and unfair.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in this part of the judgment below regarding the Defendant’s assertion of mistake of facts, and the court below rejected the above assertion in the judgment below.

In light of the following circumstances, the court below's decision is reasonable and there is no error of law by misunderstanding the facts, such as the background and motive of the crime duly admitted and investigated evidence, the tool and behavior of the crime, the defendant's speech and behavior before and after the attack, the degree of the victim's injury, etc.

This part of the Defendant’s assertion is difficult to accept.

B. Even based on the evidence and record on the Defendant’s assertion of mental disability, the Defendant at the time of committing the instant crime.

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